What GA law says about rights, protests, police & phones in marches
Recent protests in Los Angeles, marked by tense standoffs between demonstrators and law enforcement and National Guard deployment have put a national spotlight on protesting in America.
Georgia hasn’t seen the same scale of unrest as LA, however, ahead of the upcoming “No Kings” demonstrations planned across the state, individuals should know the law during protests or any form of civil disobedience.
What are your rights during protests in Georgia?
The First Amendment protects your right to assemble and speak out.
Georgia Legal Aid says that your rights to peacefully protest in Georgia are protected by the state Constitution, however, “the government can generally set reasonable restrictions on when, where and how people gather to protest.”
Freedom of speech
You have the right to speak your views or opinions through words, signs, apparel, flyers or symbolic acts.
However, according to the ACLU of Georgia your speech could be restricted for the following reasons:
It threatens violence or incites others to commit crimes
It’s on private property
Signage and visual aids must meet the city’s guidance on size, type and use
Freedom to document
You are able to take pictures and videos during a protest and the police are bound by the following guidelines, says Georgia Legal Aid:
Law enforcement may not legally take your phone or camera without a warrant or consent
Police may not force you to delete photographs or videos
You may be forced to stop only if filming or photographing is truly interfering with law enforcement’s job
Rules and protocols for interacting with police during a protest
The ACLU warns protesters not to argue and to “be courteous and comply with the officers’ instructions.” You may explain that you are lawfully exercising your First Amendment rights and ask for instructions about how you may continue to do so.
During your interactions with police:
You should not:
Get smart with police officers or use bad language
Tell the police that you know they are wrong
Make sudden movements or place your hands where police officers can’t see them
Argue with instructions that police officers give you
Touch a police officer
Forget that you have the right to an attorney once you are placed under arrest
Run from the police
Interfere with the police
Grant permission for a search of your person, vehicle, office or home
Resist police officers ordering you to submit to a search or arrest
You should:
Comply with instructions from police officers
Remember badge numbers and names of police officers
Remember you are most likely on video camera, and the contents of that video can and will be used against you
Remain calm, cool and collected
Address officers respectfully
Keep your hands where police can see them at all times
Provide police officers with your name and identification if requested
Ask for a lawyer if you are held and questioned
Make a complaint about any police misconduct
It is imperative to know your rights and to contact the ACLU if you feel like your rights are being violated.
Georgia has new legislation about protesting
Georgia lawmakers have recently toughened protest-related laws, so you must know the law in order to comply.
Anti-mask laws
Passed in 2022, Georgia Code § 16-11-38 makes it illegal to wear masks or hoods that conceal your identity during public demonstrations
Also called Georgia’s Anti-Mask Act, “a person is guilty of a misdemeanor when he or she “wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity.”
Stricter bail requirements
In 2024, Senate Bill 63 made it harder for those arrested at protests to get released before trial if they can’t afford cash bail. The ACLU argues this creates a two-tiered system where wealth determines your freedom, and lawsuits are ongoing to challenge the law.
This bill:
Expands mandatory cash bail
Removes judicial discretion
Restricts charitable bail
Tips for staying safe during a protest
To protect yourself and your cause:
Know the rules
Stay peaceful
Avoid masks: Unless you have a specific legal exemption, keep your face visible.
Comply with police orders: If told to disperse, do so promptly to avoid arrest.
Document everything
Have legal support contacts ready
Let someone know where you are
With heightened tensions and Georgia’s new legislation, you must stay within the law and local ordinances. It pays to know the rules before you hit the streets.
Do you have any advice or protest stories you’d like to share? Email me at srose@ledger-enquirer.com or find me on social media.
This story was originally published June 9, 2025 at 1:59 PM with the headline "What GA law says about rights, protests, police & phones in marches."
